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Austria / Constitutional Court / U466/11

No violation of Art. 47 - Chinese Woman is denied oral hearing in Asylum Court

Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Court
Decision date:

Key facts of the case:

The claimant, a woman from China, entered Austria in March 2010 and applied for international protection. After a negative decision in the first instance, the Asylum Court did not hold an oral hearing and rejected the claim. The claimant then turned to the Constitutional Court as being violated in a constitutional right (right to an impartial Court and effective appeal) according to Art. 47 of the Charter of Fundamental Rights. Results (sanctions) and key consequences of the case: The claimant was not violated in constitutional rights. Claim was rejected.

EU Charter of Fundamental Rights - Article: 47